The Protection Of Dealing Safety In The Real Right Alteration

The protection of dealing safety in the real right alteration is an important issue in the theory and practice of the real right law. The paper tries to deviate from the angle of view of"ownership pet"in the traditional real right theory and to analyze this question on the angle of view of marketable order of dealing safety, in order to make some helps for the lawmaking of real right in China, the paper puts forward his own points of view on institutional arrangement about protection of dealing safety. The paper firs points out that the paper mainly discusses on the issue of protection of dealing safety in the real right alteration caused by onerous legal act, the paper elicits the dealing safety in the latter part from discussion of that varied countries and varied eras created different patterns of real right alteration to protect the dealing safety. Secondly, the paper elicits factors of affecting the dealing safety on the base of defining meanings and value of the dealing safety. Thirdly, the paper educes that the principle of public notice and trust is the best choice of all the rules on protection of dealing safety in the real right alteration in lawmaking of the real right in China after summarizing and commenting and analyzing rules on protection of dealing safety, trimming the relationship between innocent purchase and the principle of public notice and trust, real contract and the principle of public notice and trust, warranty against defects of right and the principle of public notice and trust. The last, but not the least,the papers probes into the protective rules of dealing safety of real right lawmaking in China, and makes innovatively institutional arrangement for the principle of public notice and trust to protect the dealing safety...